US embassy cable - 03ANKARA4337

UNCLAS SECTION 01 OF 02 ANKARA 004337 
 
SIPDIS 
 
 
SENSITIVE 
 
 
STATE FOR EUR/SE, EB/EPD, AND EB/TPP/ABT 
DEPT PLEASE PASS USTR FOR NOVELLI, LERRION 
USDA FOR FAS FOR ITP/BERTSCH, MACKE, MEYER; 
CMP FOR ALL COMMODITY DIVISIONS 
EMO/FREEDAN 
USDA FOR APHIS/ACKERMAN, PATEL 
USDA FOR GIPSA/FGIS REILLY 
USDOC FOR DEFALCO 
VIENNA FOR APHIS/VINCINANZA 
 
 
E.O. 12958: N/A 
TAGS: ETRD, EAGR, KPAO, TU 
SUBJECT: Turkish Quarantine Regs-Oops They've Done it Again 
 
 
Ref:(A) 2002 Ankara 9192 (B) Ankara 441 (C)Ankara 1035 
 
 
Sensitive but Unclassified.  Not for Internet Distribution. 
 
 
1.  (SBU)  Summary.  Despite recent assurances from the 
Ministry of Agriculture officials that new quarantine 
regulations would not go into affect until July 2004, Turkey 
announced and implemented new phytosanitary regulations on 
July 6, 2003. Most foreign embassies, trade associations and 
trading companies were unaware of the announcement. A 
translated version has been sent to USDA electronically. 
Ankara had reminded Turkish officials that any new 
regulations should be notified through the WTO to no avail. 
End Summary. 
 
 
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Quarantine Regulations: A Complicated History 
--------------------------------------------- 
 
 
2.  (SBU)  As part of its EU harmonization process, Turkey 
issued new phytosanitary regulations in July 2002 with an 
implementation date of January 2003.  Unfortunately, the 
2002 regulations included some fairly onerous requirements 
and, as a result, trade in corn and wheat practically 
stopped in January 2003.  Pressure from the various groups 
including the Turkish Feed Association, international 
trading companies and foreign embassies resulted in a 
suspension of the 2002 regulations.  Between February and 
June 2003, the Turkish Ministry of Agriculture's Protection 
and Control Secretariat solicited input from various groups 
including USDA in order to rewrite the regulations.  As the 
process dragged on, we were informed from various sources 
that new regulations would be announced but that they would 
not be implemented until 2004. 
 
 
--------------------------------------------- ------- 
Turkish Regulations - Coming Sooner that Anticipated 
--------------------------------------------- ------- 
 
 
3.  (SBU)  On July 7, FAS/Ankara was notified that the 
Turkish Protection and Control Department in the Ministry of 
Agriculture had published and implemented new quarantine 
regulations and that implementation would be immediate. We 
had met with Abdulmecit Yesil, the head of the quarantine 
section of Protection and Control, at the beginning of June 
to discuss this issue. We were informed that the regulations 
would be published shortly and distributed to all Embassies 
in Ankara.  At the same time, Yesil again stated that the 
new regulations would not go into effect until July 2004. As 
late as last Friday, the Cargill/Ankara representative had 
spoken with Turkish officials who assured him that the new 
regulations would be delayed by one year.  According to a 
trade contact, there was some sort of dispute between 
Protection and Control and the Prime Minister's legal office 
who demanded immediate implementation.  As a result, the new 
regulations went into effect in 2003 instead of 2004 as 
originally planned. 
 
 
------------ 
Some Changes 
------------ 
 
 
4.  (SBU)  We again met with Yesil on July 7.  He announced 
that Protection and Control had no choice in the 
announcement and that implementation had to be immediate, 
for the most part.  He noted that some provisions would be 
phased in over the course of three months. We have not been 
able to determine whether this 3-month grace period is in 
place.  These changes would be related to EU harmonization 
and European Plant Protection Organization (EPPO) 
regulations, but he was not specific. 
 
 
5. (SBU)  Yesil stated that an English translation of the 
document was in its final stages and would be distributed to 
embassies in Ankara.  This translation has subsequently been 
received and sent to Washington electronically.  According 
to Yesil, testing for fusarium, a highly controversial part 
of the July 2003 regulations has been dropped as has the 
inconsistencies related to kiln-dried wood products. 
 
 
--------------------------------------------- - 
Private Sector - New Regs May Not be a Problem 
--------------------------------------------- - 
 
 
6.  (SBU)  We contacted several companies and associations 
as well as western embassies regarding the announcement. 
Most were unaware of the new regulations.  Cargill/Istanbul 
did know about the announcement and their impression was 
that it would not affect imports of corn or wheat from any 
country.  Comment.  In addition, some provisions may be 
delayed for 90 days.  End comment.  However, until we are 
able to do a closer examination of the regulations, we 
cannot confirm.  Note: Oilseeds and cotton, two of the 
largest commodities the U.S. exports to Turkey, are not 
covered by the regulations.  End note.  Cargill officials 
did say that planting seeds could be affected by the 
regulation.  Calls to several embassies showed that none 
were aware of the announcement.  We have contacted traders 
who are currently unloading corn shipments.  There have been 
no delays or problems with the current certificates. 
 
 
------------------------------ 
WTO Notifications - A Nice Try 
------------------------------ 
 
 
7.  (SBU)  Turkey's record on adhering to WTO rules has been 
inconsistent at the very least.  In fact many, although not 
all, frustrations with Turkish ag trade policy could be 
avoided if Turkish officials were more transparent.  In 
June, knowing that the new regulations would soon be 
published, we reminded the Ministry of Agriculture and the 
Under Secretariat for Foreign Trade that any change in their 
regulations should be notified through the WTO. We were 
assured, as we have been many times in the past that Turkey 
would comply with their WTO responsibilities.  However, it 
came as no surprise that notifications had not been made. 
 
 
------------------------------------ 
Comment:  Good Response but No Cigar 
------------------------------------ 
 
 
8.  (SBU)  We have received an English translation of the 
regulations and have sent it to USDA electronically.  We 
have also sent a letter to the Director of Protection and 
Control requesting a 90-day delay in implementation.  In 
general, we have found most officials at the Ministry of 
Agriculture to be helpful over the past several months. 
Protection and Control officials were not only willing but 
requested U.S. input for the regulations that we have taken 
as encouraging sign.  However, in the end their abrupt 
announcement and the absence of any official notification 
only serves to question the ability and willingness of the 
Turkish government to comply with international trade rules. 
 
 
Pearson